Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Occupations Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
Subsection (b) of this law requires nurses who do not carry
liability insurance or are insured by a non-admitted carrier to
report to the BNE regarding certain claims filed against them
related to nursing care.
§ 301.408
Duty of Liability
Insurer to Report
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity
could comply with this law and with the requirements under
HIPAA. The report is "required by law" and HIPAA permits
appropriately limited disclosure of PHI that is required by law,
45 C.F.R. § 164.512(a).
No
Covered entities should note HIPAA contains additional
requirements for use and disclosure for health oversight
activities under 45 C.F.R. § 164.512(d), and use and disclosure
for health care operations at § 164.506.
This law requires the state's attorney to report to BNE regarding
a conviction of a nurse, a finding of fraud or abuse by a nurse,
or an adjudication that a nurse is mentally ill or mentally
incompetent.
§ 301.409
Duty of
Prosecuting
Attorney to
Report
Related/
Not Contrary
This law is not contrary to HIPAA because a covered entity, or
an attorney acting under a duty to their covered-entity client,
could comply with this law and with the requirements under
HIPAA.
The report is "required by law" and HIPAA permits appropriately
limited disclosure of PHI that is required by law, 45 C.F.R. §
164.512(a). Covered entities should note HIPAA contains
additional requirements for use and disclosure for health
oversight activities under 45 C.F.R. § 164.512(d), and use and
disclosure for health care operations at § 164.506.
No
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